PROVINCIAL MOTOR VEHICLES 1978 Pakistan COMMENTARY

PROVINCIAL MOTOR VEHICLES 1978 Pakistan

COMMENTARY

Motor vehicle" and "transport vehicle"—Scope of terms. Our Supreme Court has held that trailer

 is included in the terms "motor vehicle" and from the definition-given in section 2 (42) of the 

West Pakistan Motor Vehicles Ordinance. 1955, a tractor is within the expression "transport 

vehicle" unless it is used solely for agriculture purpose.

“Owner" does not include person other than stated in definition. The definition of "owner" is 

made unambiguously clear by the use therein of the word "means" which has the effect of 

excluding in either of the given contingencies the real owner i.e, the owner in the ordinary or 

popular sense of that term or for the matter of that every one other than those specified therein.

A person selling out motor vehicle may still continue to be owner for purposes of Ordinance.

Where a vehicle is in possession of hire purchaser at the time of accident results in death of

plaintiff's husband and the driver, under terms of agreement, is an employee of hire purchaser, 

held neither the original owner nor its department would be vicariously liable for negligent act 

of driver.

Appellate Court or Authority has inherent jurisdiction to order remand. It is manifestly clear 

from the definition of the term "appeal” that it is inherent in the right of appeal that the whole 

case, including the facts, is within the jurisdiction of the appellate authority, unless and until in a 

particular statue the right of appeal is whittled down or hedged in by certain limitations. In 

other words, the appellate Court has the jurisdiction of giving all the relief which the original 

Court or tribunal can give. It would, therefore, follow that the power of remand which is merely 

ancillary and incidental, is inherent in the appellate authority in that in certain cases where the 

Court or tribunal has violated the statutory provision it may become impossible for the appellate 

authority to give an effectual and proper decision without remitting the cases to the Court of

 first  instance.